Journalist wants SDT to rule against FIFA interference in FKF elections

Journalist Milton Nyakundi has filed an application seeking to, among other prayers, have FIFA’s Chief Member Associations Officer Veron Mosengo Omba stopped from interfering with Football Kenya Federation elections.



Nyakundi has listed FIFA and Mr Omba as Respondents in his application with the Sports Registrar featuring as an Interested Party. FIFA and Mr Omba are the 4th and 5th Respondents respectively in the petition that has the board, its chair and the federation as the first three respondents.



He argues, in court papers seen by Kurunzi after being filed on Friday, that Mosengo Omba’s letters giving directives on how the elections should be conducted amounts to a violation of Article 19 (2) of the FIFA Statutes on non-interference in internal affairs of FIFA members.



In his court papers, the renowned sports journalist argues that it is misguided for FIFA and its sympathizers to suggest that its Statutes are the dominant law applicable to the FKF elections.



“Affiliation to the 4th Respondent (FIFA) does not set aside or nullify, as a condition of its membership, the applicability of the (Sports) Act and the CoK 2010 to the elections and the attempt by the 4th Respondent to issue directives to conduct elections in contravention of the Act and the CoK 2010 is misguided,” avers Nyakundi in his petition filed on Friday.



“The letter signed by the 5th Respondent (Mr Omba), dated 5th August 2020, to the effect that the Code found to be in violation of the CoK 2010 will be applied to the 3rd Respondent’s elections gives a misguided assumption that the 4th Respondent possesses extraordinary power to control the affairs of the 3rd Respondent, including authority to decide on the electoral processes and even set aside the applicability of the provisions of the very legislation that incorporates the 3rd Respondent within the territory of its jurisdiction.



“The 3rd Respondent having its legal status validated by legislation make its corporation statutory and therefore its Constitution or rules or regulations or adoption of the 4th Respondent’s Statutes cannot oust the jurisdiction of this Honourable Tribunal, which is itself established by legislation as such ouster would be a fundamental breach to a well-established policy of the law, which renders such constitution or rules or regulations void.”



Any directives through Mosengo Omba’s letters that contravene Kenyan should be declared null and void, the journalist insists.



“An order prohibiting the 5th Respondent from signing letters that suggest that the 4th Respondent has the extraordinary powers to set aside the applicability of the Sports Act 2013 and the CoK 2010 on the FKF elections and that any directives, through letters authored on behalf of the 4th respondent by the 5th Respondent, that contravene the Laws of Kenya will be null and void.



Milton Nyakundi says the Kentice Tikolo-chaired electoral board cannot be trusted to conduct credible polls after everything they announced was similar to what was said by Nick Mwendwa in a leaked audio that had been circulated to his supporters. PHOTO/COURTESY



“Directives through letters signed by the 5th Respondent on how the elections should be conducted amounts to a violation of Article 19 (2) of the 4th Respondent’s Statutes and is tantamount to undermining the Constitution of Kenya 2010 and the Sports Act 2013 by suggesting that the Kenyan Laws are subservient to the FIFA Statutes.”  



According to Nyakundi, there is no choice but to stop the elections process for non-compliance to mandatory provisions of the Constitution of Kenya 2010, the Sports act 2013 and the FKF Constitution 2017 as found in SDT 3 & 5 following a ruling delivered on 17March 2020.



He wants that Rose Wasike “verifies and confirms that the listed clubs and branches are in compliance with the requirements of Sections 46 and 47 of the Sports Act 2013 and that only entities that have been registered by the Sports Registrar in accordance with the Act will participate in the elections”.



“By dint of Articles 46 and 47 of the Sports Act 2013, the Interested Party herein is custodian of the register of all sports organizations, including the 3rd Respondents and its members, which members include football clubs and branches who are expected to vote at the elections.”



Further, he says the Kentice Tikolo-chaired electoral board cannot be trusted to conduct credible polls after everything the board announced was exactly similar to what was said by Nick Mwendwa, the outgoing president of the federation, in a leaked audio that had been circulated to his supporters.



FKF electoral Board chairperson Kentice Tikolo announced the now contentious elections roadmap on Tuesday. PHOTO/COURTESY



“The striking similarities between the content of the audio by Mr Nick Mwendwa, the outgoing president of the 3rd Respondent, and the guidelines and regulations issued by the 1st Respondent is the clearest manifestation that the Board chaired by the 2nd Respondent is either working on the whims of Mr Mwendwa or is under his full control and directions. 



“The Petitioner and other stakeholders have genuine reason to be apprehensive about the independence and impartiality of the 1st Respondent under the chairmanship of the 2nd Respondent and as such draws no inspiration of confidence whatsoever that the elections would be free, fair and credible.”  



Nyakundi’s application was filed on the same day a petition by a section of aspirants and football clubs was certified urgent by the Sports Disputes Tribunal..



SDT boss John Ohaga directed the applicants to serve the respondents ahead of inter-parties mention on Tuesday, 18 August 2020.



“Please arrange to effect service of the Petition as well as the application under Certificate of Urgency on the Respondents,” Ohaga directed through email.



“Please ensure that you serve an appropriate Mention Notice and file an affidavit of service.”



The petitioners, who were parties in SDT 3 and 5, included Bondeni and Cheptiret Football clubs and want the roadmap and guidelines issued by Ms Tikolo’s board stopped for being in contempt of the ruling delivered on 17th March 2020.